24
e)
Otoniel de la Roca Mendoza and his criminal record49.
*
*
*
93.
In the public hearings on June 16 to 18, October 15, and November 22 and
23, 1998, the Court received the report of the expert witness and the statements of
the witnesses proposed by the Inter-American Commission. These statements are
summarized below.
B) EXPERT EVIDENCE
a)
Expert testimony of Helen Mack, Guatemalan
administrator,
on the administration of justice in Guatemala.
business
In Guatemala, justice is “slow, inefficient, it is corrupt, fearful” and partial,
particularly when those with any political power are prosecuted. In particular, as a
result of the internal conflict that Guatemala has experienced over the last three
decades, the judicial system underwent a profound crisis, especially from 1992 to
1996, particularly with regard to human rights, and this resulted in a weak Judiciary,
which allowed the Executive Branch to commit abuses.
As a result of corruption and the fear of those who apply justice to “act against Army
officers who still have considerable political power”, 99.9% of cases of human rights
violations go unpunished. Impunity also exists because many of the violations entail
the surrender of information that is classified as a State secret by the Ministry of
Defense although, according to the Criminal Procedural Code, it is the judge who
should make this classification; because the evidence is adulterated or disappears,
and due to abuse in filing appeals within the judicial proceedings.
“Military intelligence” has used slander as a strategy to obstruct the exercise of
justice, by diminishing the credibility of the victims of human rights violations and
intimidating those in charge of the criminal prosecution. The most recent example
was the crime of Monsignor Gerardi, which she interprets as a clear message that
“any […] person is vulnerable when conducting a lawsuit in the area of human
rights”. For example, in the instant case, an effort was made to discredit Jennifer
Harbury by not recognizing her marriage to Bámaca Velásquez. Moreover, depending
on the case, the Guatemalan press does not publish information on judicial
proceedings, because the journalists may expose themselves to threats.
May 30, 1995, related to the deposition of Julian Socop Cuyuch; affidavit of May 30, 1995, related to the
deposition of Edgar René Muñoz Cifuentes; affidavit of May 30, 1995, related to the deposition of
Francisco Ortíz Sánchez; affidavit of May 30, 1995, related to the deposition of María Macaria Cotón;
affidavit of May 30, 1995, related to the deposition of Belfina Judith Fajardo; and copy of the expansion of
the statement of April 15, 1996, by Anastasia López Calvo before the district prosecutor, Shilvia Anabella
Jerez de Herrera.
49
Cf. Certificate of criminal record of Otoniel de la Roca Mendoza of November 20, 1998; and
certificate of military enrolment of Otoniel de la Roca Mendoza of November 16, 1998.